The Delhi High Court has granted well-known trademark status to the iconic Birkin bag shape and three Hermès marks, strengthening their legal protection in India. The ruling confirms Birkin’s global distinctiveness and bars unauthorised reproduction or imitation.
New Delhi: The Delhi High Court has officially recognised the famous three-dimensional shape of Hermès’ Birkin bag, along with the “Hermès” brand name and its unique stylised logos, as well-known trademarks in India.
This important decision was delivered by Justice Tejas Karia while hearing a trademark infringement case filed by luxury fashion brand Hermès International and its Indian subsidiary against Macky Lifestyle Pvt. Ltd.
Hermès approached the Court alleging that Macky Lifestyle was selling and promoting handbags that looked almost identical to the iconic Birkin bag design. According to Hermès, this amounted to clear trademark infringement and misuse of its globally famous brand identity.
During the proceedings, the defendants submitted an affidavit stating that they had stopped their business operations, had not manufactured or sold any Birkin-inspired bags, and had only used images from the internet as reference pictures.
Hermès accepted these submissions before the Court, and the infringement dispute was treated as resolved.
Following this, Hermès requested the Court to formally declare its Birkin bag shape and associated marks as well-known trademarks in India. Justice Tejas Karia carefully examined all the evidence presented by the luxury brand.
This included the long history of the Birkin bag since its launch in 1984, its worldwide reputation, extensive advertising and promotional campaigns, international trademark registrations, and various legal actions taken by Hermès in the past to protect its intellectual property.
The Court observed that the Birkin bag has been promoted consistently for decades and has achieved a strong and unique identity among consumers, especially those familiar with premium fashion and luxury goods.
It further noted that the design of the Birkin bag is instantly recognisable and closely linked with the Hermès brand.
The judge also took into account international acknowledgements that confirm the Birkin bag’s uniqueness and distinctiveness in the global fashion industry.
After analysing all the material in line with the factors mentioned under Section 11(6) of the Trade Marks Act, the Court concluded that Hermès had satisfactorily fulfilled all legal requirements for its marks to be declared well-known in India.
While delivering the ruling, Justice Tejas Karia stated,
“Accordingly, the Subject Marks merit recognition as well-known Trade Marks within the meaning of Section 2(1)(zg) of the Act. Hence, it is declared accordingly,”
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With this, the Delhi High Court decreed the suit entirely in favour of Hermès and granted all the reliefs sought by the company, including the formal recognition of the Birkin bag shape, the Hermès name and its logos as well-known trademarks.
This ruling strengthens legal protection for luxury brands in India and sets a clear precedent for safeguarding iconic designs and brand identities from imitation and misuse.
Case Title:
Hermes International & Anr. v. Macky Lifestyle Private Limited & Anr.
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